DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 18-25 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 18 recites the limitation "the supporters" in line 5 of Claim 18. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, “the supporters” is assumed to be “the plurality of supports” of line 4. Clarification is respectfully requested.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 8-18, and 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakamichi (US 2020/0198867).
1: Nakamichi teaches a panel packaging tray (tray/container 100, Figures 1-2) comprising:
a packaging case (case 10) including a sidewall (sidewalls 14, 14a-d) which defines a receiving section in which an unclaimed display panel is allowed to be accommodated (space 10s, which accommodates 200); and
a plurality of supports (support members 20a-20d) disposed on an inside surface of the sidewall (on the inside surface of 14, Figure 1), wherein the supports guide a position of the display panel on a plane (plane located along the length and width of 200) defined to cross the inside surface (see Figure 2 where 20a is shown to guide the display 200), wherein
a supporter of the supports (supporter for supports 20a-d, 32a of 20a, see Figure 2) includes: a fixing unit (unit/outer member 232a (32a)) coupled with the sidewall; and
a buffer unit (buffer unit 122a or 22a) disposed between the fixing unit and the display panel, wherein the buffer unit includes a straight portion (portion 27a of 22a, Figure 4a-d), a curved portion extended from the straight portion (curved portion/ramp leading down to 22RB, to the right of 27a, of 22R Figure 4b) in a first direction (in the "y" direction), and a corner portion extended from the curved portion in the first direction (corner portion between 27a and 27b, Figure 4a, in the y direction),
wherein the curved portion located between the straight portion and the corner portion (see Figure 4b below), wherein the curve portion includes a curved surface convexly curved (generally convex curve with respect to the interior of 123/124), and wherein a curvature of the curved surface included in the curved portion is determined by a maximum tilt angle by which the display panel is allowed to be tilted in a state of being accommodated in the receiving section (the curvature surface is capable of accommodating an unclaimed maximum tilt angle of the unclaimed display panel, since 123 and 124 can flex, Abstract).
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8: Nakamichi teaches the claimed invention as discussed above for claim 1 and Nakamichi further teaches that the curved portion includes a first curved surface having a first curvature based on the plane (see Figure 4b above, surface along the curved surface, along xy plane), and the corner portion includes a second curved surface (see second curve surface in Figure 4b above) having a second curvature based on the plane, and wherein the first curvature and the second curvature differ from each other (the first and second curvature are different from each other, see Figure 4b above).
9: Nakamichi teaches the claimed invention as discussed above for claim 8 and Nakamichi further teaches that the first curvature is smaller than the second curvature (see Figure 4b above).
10: Nakamichi teaches the claimed invention as discussed above for claim 1 and Nakamichi further teaches that a plurality of grooves is defined on the curved portion (see Figure 4b above).
11: Nakamichi teaches the claimed invention as discussed above for claim 1 and Nakamichi further teaches that the sidewall includes a first corner area in which a first inside surface and a second inside surface meet each other (first corner area proximate 15b, where 14a and 14b meets, Figure 1a), a second corner area in which the second inside surface and a third inside surface meet each other (second corner area proximate 15c, where 14b and 14c meets), a third corner area in which the third inside surface and a fourth inside surface meet each other (third corner area proximate 15d, where 14c and 14d meets, Figure 1a), and a fourth corner area in which the first inside surface and the fourth inside surface meet each other (fourth corner area proximate 15a, where 14dand 14a meets, Figure 1a).
12: Nakamichi teaches the claimed invention as discussed above for claim 1 and Nakamichi further teaches that the supports include (support members 20a-20d, along xy direction), on the plane, a first support which makes contact with the first corner area, a second support which makes contact with the second corner area, a third support which makes contact with the third corner area, and a fourth support which makes contact with the fourth corner area (support 20a-d of each respective corners, such support 20b at first corner at 15b, second support 20c at second corner at 15c, third support 20d at third corner at 15d, and fourth support 20a at fourth corner at 15a).
13: Nakamichi teaches the claimed invention as discussed above for claim 1 and Nakamichi further teaches that the supports include, on the plane, a first support which makes contact with the first corner area (32a of the first corner, Figure 2a, contacts the first corner area at 15b, Figure 1), a second support which makes contact with the second corner area (32a of the second corner, Figure 2a, contacts the first corner area at 15c, Figure 1), a third support which makes contact with the first inside surface (32a of 15a, which contacts the inside surface of 14a), a fourth support which makes contact with the third inside surface (32a of 15d, contacting the inside surface of 14c, Figure 1), and a fifth support which makes contact with the fourth inside surface (22a of 15d, contact the inside surface of 14d, Figures 1a-2b).
14: Nakamichi teaches the claimed invention as discussed above for claim 13 and Nakamichi further teaches that the fifth support includes a plurality of sub-supports spaced apart from each other on the plane (plurality of sub supports 22sb, Figure 4).
15: Nakamichi teaches the claimed invention as discussed above for claim 11 and Nakamichi further teaches that the supports include, on the plane, a first support which makes contact with the first inside surface (first support 32a of 20b contacts surface 14a, Figure 1), a second support which makes contact with the second inside surface (second support 32a of 20c contacts surface 14b, Figure 1), a third support which makes contact with the third inside surface (third support 32a of 20d contacts surface 14c, Figure 1), and a fourth support which makes contact with the fourth inside surface (fourth support 32a of 20a contacts surface 14d, Figure 1).
16: Nakamichi teaches the claimed invention as discussed above for claim 11 and Nakamichi further teaches that the supports include, on the plane, a first support which makes contact with the first corner area (first support 20b makes contact with the first corner area at 15b) and a second support which makes contact with the third corner area (second support 20d, makes contact with the third corner area 15d).
17: Nakamichi teaches the claimed invention as discussed above for claim 11 and Nakamichi further teaches that the curvature of the curved surface included in the curved portion is determined by the maximum tilt angle and a length of the curved portion in the first direction (the curvature surface is capable of accommodating an unclaimed maximum tilt angle of the unclaimed display panel, since 123 and 124 can flex, and a length/space of the curved portion, along the y axis, Abstract and Figure 4b).
18: Nakamichi teaches a panel packaging tray (tray/container 100, Figures 1a-2b) comprising:
a packaging case (case 10) including a sidewall (sidewalls 14, 14a-d) which defines a receiving section in which an unclaimed display panel is allowed to be accommodated (space 10s, which is capable of accommodating 200); and
a plurality of supports (support members 20a-20d) disposed on an inside surface of the sidewall (see Figure 1a-1b), wherein the supporters guide a position of the display panel on a plane (plane located along the length and width 200) defined to cross the inside surface (see Figure 2 where 20a is shown to guide the display 200), wherein a supporter of the supports (supporter for supports 20a-d, 32a of 20a, see Figure 2) includes:
a fixing portion coupled with the sidewall (outer member 232a (32a), Figure 2); and
a buffer portion (buffer unit 122a or 22a, Figure 2a) protruding from the fixing portion on the plane, wherein the buffer portion includes a straight portion (portion 27a of 22a, Figure 4a-d), a curved portion (curved portion/ramp leading down to 22RB, to the right of 27a, of 22R Figure 4b ) extended from the straight portion in a first direction (in the "y" direction), and a corner portion extended from the curved portion in the first direction (corner portion between 27a and 27b, Figure 4a, in the y direction), wherein the curved portion located between the straight portion and the corner portion (see Figure 4b above), wherein the curved portion includes a curved surface convexly protruded (generally convex curve with respect to the interior of 123/124, and protruded in the downward direction), and wherein a curvature of the curved surface included in the curved portion is determined by a maximum tilt angle by which the display panel is allowed to be tilted in a state of being accommodated in the receiving section (the curvature surface is capable of accommodating an unclaimed maximum tilt angle of the unclaimed display panel, since 123 and 124 can flex, Abstract).
25: Nakamichi teaches the claimed invention as discussed above for claim 11 and Nakamichi further teaches that the curvature of the curved surface included in the curved portion is determined by the maximum tilt angle and a length of the curved portion in the first direction (the curvature surface is capable of accommodating an unclaimed maximum tilt angle of the unclaimed display panel, since 123 and 124 can flex, and a length/space of the curved portion, along the y axis, Abstract and Figure 4b).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-25 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-23 of U.S. Patent No. 12,195,260. Although the claims at issue are not identical, they are not patentably distinct from each other because both inventions are directed to A panel packaging tray comprising: a packaging case including a sidewall which defines a receiving section in which a display panel is allowed to be accommodated; and a plurality of supports disposed on an inside surface of the sidewall, wherein the supports guide a position of the display panel on a plane defined to cross the inside surface, wherein a supporter of the supports includes: a fixing unit coupled with the sidewall; and a buffer unit disposed between the fixing unit and the display panel, wherein the buffer unit includes a straight portion, a curved portion extended from the straight portion in a first direction, and a corner portion extended from the curved portion in the first direction, wherein the curved portion located between the straight portion and the corner portion, wherein the curve portion includes a curved surface convexly curved, and wherein a curvature of the curved surface included in the curved portion is determined by a maximum tilt angle by which the display panel is allowed to be tilted in a state of being accommodated in the receiving section except for the buffer unit and its features in the independent claims and omission of an element and its function is obvious if the function of the element is not desired, In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975). Furthermore, the independent claim 1 of the Patent is similar to the recitation of Claim 2 of the present invention and the independent claim 17 of the Patent is similar to the recitation of Claim 19 of the present invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KING M CHU whose telephone number is (571)270-7428. The examiner can normally be reached Monday - Friday 10AM - 6PM EST.
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/King M Chu/Primary Examiner, Art Unit 3735